Texas 2023 - 88th Regular

Texas Senate Bill SB422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 422
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of certain military service members to
6	6	engage in a business or occupation in this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 55.004(d), Occupations Code, is amended
9	9	to read as follows:
10	10	(d) A state agency that issues a license that has a
11	11	residency requirement for license eligibility shall adopt rules
12	12	regarding documentation necessary for an applicant who is a
13	13	military service member or military spouse [applicant] to establish
14	14	residency for purposes of this subsection, including by providing
15	15	to the agency a copy of the permanent change of station order for
16	16	the applicant or the applicant's spouse [military service member to
17	17	whom the spouse is married].
18	18	SECTION 2. Section 55.0041, Occupations Code, is amended to
19	19	read as follows:
20	20	Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF
21	21	MILITARY SERVICE MEMBERS AND MILITARY SPOUSES [SPOUSE]. (a)
22	22	Notwithstanding any other law, a military service member or
23	23	military spouse may engage in a business or occupation for which a
24	24	license is required without obtaining the applicable license if the
25	25	member or spouse is currently licensed in good standing by another
26	26	jurisdiction that has licensing requirements that are
27	27	substantially equivalent to the requirements for the license in
28	28	this state.
29	29	(b) Before engaging in the practice of the business or
30	30	occupation, the military service member or military spouse must:
31	31	(1) notify the applicable state agency of the member's
32	32	or spouse's intent to practice in this state;
33	33	(2) submit to the agency proof of the member's or
34	34	spouse's residency in this state in accordance with rules adopted
35	35	under Section 55.004(d) and a copy of the member's or spouse's
36	36	military identification card; and
37	37	(3) receive from the agency confirmation that:
38	38	(A) the agency has verified the member's or
39	39	spouse's license in the other jurisdiction; and
40	40	(B) the member or spouse is authorized to engage
41	41	in the business or occupation in accordance with this section.
42	42	(c) The military service member or military spouse shall
43	43	comply with all other laws and regulations applicable to the
44	44	business or occupation in this state.
45	45	(d) A military service member or military spouse may engage
46	46	in the business or occupation under the authority of this section
47	47	only for the period during which the military service member or,
48	48	with respect to a military spouse, the military service member to
49	49	whom the [military] spouse is married is stationed at a military
50	50	installation in this state but not to exceed three years from the
51	51	date the member or spouse receives the confirmation described by
52	52	Subsection (b)(3).
53	53	(d-1) Notwithstanding Subsection (d), in the event of a
54	54	divorce or similar event that affects a person's status as a
55	55	military spouse, the spouse may continue to engage in the business
56	56	or occupation under the authority of this section until the third
57	57	anniversary of the date the spouse received the confirmation
58	58	described by Subsection (b)(3).
59	59	(e) A state agency that issues a license shall adopt rules
60	60	to implement this section. The rules must establish a process for
61	61	the agency to:
62	62	(1) identify, with respect to each type of license
63	63	issued by the agency, the jurisdictions that have licensing
64	64	requirements that are substantially equivalent to the requirements
65	65	for the license in this state; and
66	66	(2) not later than the 30th day after the date a
67	67	military service member or military spouse submits the information
68	68	described by Subsections (b)(1) and (2), verify that the member or
69	69	[a military] spouse is licensed in good standing in a jurisdiction
70	70	described by Subdivision (1).
71	71	(f) In addition to the rules adopted under Subsection (e), a
72	72	state agency that issues a license may adopt rules to provide for
73	73	the issuance of a license to a military service member or military
74	74	spouse to whom the agency provides confirmation under Subsection
75	75	(b)(3). A license issued under this subsection must expire not
76	76	later than the third anniversary of the date the agency provided the
77	77	confirmation and may not be renewed. A state agency may not charge
78	78	a fee for the issuance of the license.
79	79	SECTION 3. Section 55.005(a), Occupations Code, is amended
80	80	to read as follows:
81	81	(a) A state agency that issues a license shall, not later
82	82	than the 30th day [as soon as practicable] after the date a military
83	83	service member, military veteran, or military spouse files an
84	84	application for a license:
85	85	(1) process the application; and
86	86	(2) issue the license to an applicant who qualifies
87	87	for the license under Section 55.004.
88	88	SECTION 4. Section 55.005(a), Occupations Code, as amended
89	89	by this Act, applies only to an application for a license submitted
90	90	on or after the effective date of this Act. An application
91	91	submitted before the effective date of this Act is governed by the
92	92	law in effect on the date the application was submitted, and the
93	93	former law is continued in effect for that purpose.
94	94	SECTION 5. Not later than December 1, 2023, a state agency
95	95	to which Section 55.0041, Occupations Code, as amended by this Act,
96	96	applies shall adopt rules to implement that section.
97	97	SECTION 6. This Act takes effect September 1, 2023.
98	98	______________________________ ______________________________
99	99	President of the Senate Speaker of the House
100	100	I hereby certify that S.B. No. 422 passed the Senate on
101	101	April 13, 2023, by the following vote: Yeas 30, Nays 0.
102	102	______________________________
103	103	Secretary of the Senate
104	104	I hereby certify that S.B. No. 422 passed the House on
105	105	May 24, 2023, by the following vote: Yeas 135, Nays 3,
106	106	one present not voting.
107	107	______________________________
108	108	Chief Clerk of the House
109	109	Approved:
110	110	______________________________
111	111	Date
112	112	______________________________
113	113	Governor